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(영문) 대구지방법원 서부지원 2015.05.28 2014고단1604 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

At around 15:00 on May 24, 2014, when the victim C (the age of 62) previously damaged the locks of containers used by the defendant A for his residence without any reason, A asked D to talk about the above behavior of the victim, and the victim to be able to do so as to have the locks attached to the container locks. At the same time, D and the above container was used as the above container located near the Daegu-gu EN-distance area.

At around 19:00 on the same day, the Defendant and D used each item (1m in length), which is a dangerous object in the vicinity of the said four-distance street, referring the victim to the booming of the container. Defendant A saw the victim as follows: (a) the victim’s side gate, arms, legs, etc.; and (b) D saw the victim into drinking and drinking by cutting down the breath of the victim’s flaps and sponsing the flaps; and (c) the victim flapsing into the floor.

Accordingly, the defendant and D conspired with each other to commit violence against the victim by carrying dangerous items.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made D in the first trial record;

1. Application of on-site reports, criminal implements, and statutes governing photographs of damage therefrom;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, and Article 260 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession of a crime by a defendant and reflects his depth, the defendant has no record of criminal punishment, and the extent of violence and damage is relatively minor);